WorkCover Notice of Assessments
What is a Notice of Assessment?
This a document provided by WorkCover Queensland (Workers Compensation will differ state to state). Generally a ‘Notice of Assessment’ is provided once WorkCover’s medical practitioner deems an injury ‘Stable and Stationery’.
WorkCover will organise an appointment with their medical professionals, to give the claimant an assessment to establish the ‘Work Related Impairment’ (WRI) ‘Permanent Impairment Percentage’.
WorkCover then translate this percentage into a ‘Lump Sum Offer’. This offer can vary, and can also be Nil. This does not mean the claimant cannot seek advice for ‘Common Law Claims’, or ‘Damages’.
Have you received your Notice of Assessment?
If you have a Notice of Assessment which you have not signed, or if you are contemplating claiming for ‘Damages’, then you should seek legal advice, as stated on the ‘Notice of Assessment’. If your ‘Work Related Impairment’ percentage is high, then it is recommended to seek legal advice also.
In short you have two choices after receiving a Notice of Assessment...
- The first choice is to accept the offer from WorkCover. By doing so you may lose your right to claim any further compensation such as a Common Law Claim for Damages if the injury was as a result of negligence. Payment is usually awarded in 28 days for losses and expenses and does not take into consideration any future losses, expenses, nor pain and suffering.
- The second choice is to continue your claim by pursuing a Damages Claim. A Common Law Claim is a separate claim for compensation that is not available under Workers Compensation. This claim time frame can vary depending on the circumstances within the claim, and if there are multiple injuries to investigate. A Common Law Claim takes both past and future economic losses into account, out of pocket expenses and also awards a sum for pain and suffering.
Not everyone has rights to a Common Law Claim as negligence needs to be clearly proven. If you have suffered an injury at work that impacts your health in the long term and inevitably your life, your income, and your potential futures income it is important to get legal advice.